Subaru Forester, Outback, Crosstrek, Ascent
Denis Flierl's picture

A New Ruling In The Subaru Cracked Windshield Lawsuit Now Adds 2.5M Cars

A New Jersey Judge has ruled against Subaru in the cracked windshield lawsuit. See what it means for Subaru Forester, Outback, Crosstrek, Ascent, Impreza, and Legacy owners.
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The defective windshield class-action lawsuit against Subaru of America will now include 2.5 million vehicles in the U.S. and could cost the Camden, N.J automaker millions. According to court documents obtained from Court Listener, a New Jersey Judge has ruled against Subaru in the cracked windshield lawsuit this week and denied Subaru's motion to dismiss part of the case.

The lawsuit filed last year on behalf of Christine Powell, represented by Attorneys Christopher Moon and Kevin Moon, Moon Law APC, contends 2017-19 Forester and Outback models have "dangerous" windshields that are prone to "cracking, chipping and otherwise breaking." Torque News reported in February that the lawsuit added 15 new plaintiffs to the case.

Subaru Forester, Outback, Crosstrek, Ascent

In March, Subaru asked the Court to dismiss the case stating the plaintiffs have never owned the model years they say have the same defective windshields. Because of the N.J. Judge's ruling this week, the case now includes 2017-2020 Subaru Forester, Outback, Crosstrek, Impreza, Legacy, and 2019-2020 Subaru Ascent models.

The court documents filed on November 24 states, "The Court finds that…while defendants (Subaru of America) point out several elements of plaintiffs' CAC that could perhaps be clearer, the Court finds that plaintiffs' allegations against defendants are specific enough to enable them to provide a good-faith response. The Court will deny the defendant's motion for a more definite statement, and the Court will deny in part defendants' motions to dismiss."

Subaru Forester, Outback, Crosstrek, Ascent

Is there a Subaru windshield recall?

The lawsuit against Subaru alleges the automaker knew about the issue due to the "tremendous volume of complaints lodged by consumers but continues to hide its information from the public and denies that any defect exists." There has been no recall issued for the Forester, Outback, Crosstrek, Ascent, or Legacy defective windshield problem.

The ruling allows the consumers to sue over vehicle models they have not owned or leased. It now includes 2017-2020 Subaru Forester, Outback, Crosstrek, Impreza, Legacy, and 2019-2020 Subaru Ascent models. If the plaintiffs win the case, The Court will likely require Subaru to replace windshields if owners can prove they cracked for no reason.

Subaru Forester, Outback, Crosstrek, Ascent

What should owners do now?

Owners are responsible for replacing a windshield now. With labor costs and recalibrating the vehicles' EyeSight driver assist technology, replacing a Forester, Outback, Crosstrek, or Ascent windshield could be $1,000 or more.

What should owners do if they have a cracked windshield for no apparent reason? If you own a 2017-2020 Subaru Forester, Outback, Crosstrek, Impreza, Legacy, or 2019-2020 Subaru Ascent model, you can file a complaint with the NHTSA or call 1-888-327-4236. Torque News will give updates on the outcome of the cracked windshield lawsuit.

You Might Also Like: Can Your Subaru Windshield Shatter On Its Own? New Forester And Outback Owners Say Yes

Denis Flierl has invested over 30 years in the automotive industry in a consulting role working with every major car brand. He is an accredited member of the Rocky Mountain Automotive Press. Check out Subaru Report where he covers all of the Japanese automaker's models. More stories can be found on the Torque News Subaru page. Follow Denis on Facebook, Twitter, and Instagram.

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Comments

The third windshield I had replaced was an after market heavier windshield as suggested by the company that replaced it. It is heavier and haven't had any problems with it. Subaru kept telling me nothing was wrong with their original windshields. My insurance company paid for the there replacements, but I had to pay the$100 deductible. My insurance company should be reimbursed.
My 2019 windshield just cracked with no apparent FOD damage. Who installed the heavier duty windshield. Need to have mine replaced. 316-779-4873
We own a 2015 Forester XT whose windshield cracked after a tiny pebble hit it. Prior to that it’s surface had many little sand inclusions? Never had a windshield do it 47 years of driving. Insurance co would not cover OEM just a one from a windshield replacement co. to Subaru specs! It’s We have eyesite they did the recalibration. All was fine for one year. All of a sudden eyesite stops working after 20 minutes of driving. Subaru dealership would not do anything because it’s not a OEM windshield and they will not calibrate even under extended warranty. Be warned everyone they insist on their windshields and if your insurance co will not cover it$$$$$$$
I never had a car windshield cracked like this not once, but twice already in less than one year. Subaru please step up and take the right honorable actions by recalling and repairing them now.
This is unfair.. my 2010 Outback cracked twice.. and my 2016 Forester now has chipped. Lawsuits are useless for me.
My 2016 Forester windshield was hit by a rock the first week I owned the car. Cracked all over. Had it replaced with another Subaru windshield that appears to easily chip. My past Nissan and Toyota cars never had this problem.
I got my 2020 Forester in April and so far 2 stones hit my windshield, that's 2 separate times. So I have 2 chips in the windshield. I have had many cars but this is the first car that this happened to. I believe that these windshields aren't made properly. I'm not happy with my Subaru Forester.
Mine is a 2015 Forester with windshield issues
Same here. Happened on my 2007. They should do the right thing and offer relief to all Subaru owners who have experienced this! It's starting to be a trend!!!
Intrested in outcome
We had to replace a 2019 Ascent windshield in 2020.
You'll be replacing your transmission next because Suburu has oustanding engineering.
My Subaru windscreen just cracked last month and wondering what has gone wrong. I hope to be compensated
I have a 2013 Subaru Forester and I replaced my windshield twice.
Same here! They need to extend the model years.
1999 Subaru forested windshield cracked at base for no apparent readon
If you find the need to complain at least make it coherent
I have an 11’ outback with a chipped windshield and I feel like Subaru should step up, and recall all vehicles with the chipped or cracked windshields.
I have a 2019 and two of my windshields have cracked and my 3rd has one now. After my 2nd my insurance called and questioned me and told me if I have another my insurance will go up.
replaced my 2019 Forester twice in less than 2 months. This windshield has lasted longer but I am very careful.
"The ruling allows the consumers to sue over vehicle models they have not owned or leased. It now includes 2017-2020 Subaru Forester, Outback, Crosstrek, Impreza, Legacy, and 2019-2020 Subaru Ascent models" WTF? ......So according to this ANYONE that has NOT owned a Subaru can sue?!?! Seriously who write these dumbass stories?
Our windshield cracked on both the passenger side and driver side at the same time. We have a 2019 outback, and when we took it to the dealer they claimed the damage was done by rocks. The fact that we could not see a rock impact and both cracks happened at almost the same area on different sides of the window made me investigate it further. I called Subaru of America and after several phone calls and negotiations they agreed to pay for a replacement. I am worried that it will happen again and wish that Subaru would just admit they have a problem and replace all the windows.
Just got back from Safelite after replacing our2020 Outback windshield that broke last Friday
Proving that a windshield was cracked for no reason is like Trump telling Biden to prove that none of his 80m votes was fraudulently obtained.
I got a leased Subaru Crosstrek 2019 and had to replace the windshield within a few months. A small chip spread quickly into a large crack. Got it replaced by an outside company (not Subaru), paid a $350 deductible and it hasn't chipped since. Not surprised to hear about this recall.
It seemed like a stiff breeze and leaf could chip the windshield. Have 1 2016 VW Tiguan same roads same mileage as my 2018 WRX no chips, WRX has 3, even 2010 Scion has little damage. Eyesight is nice but an expensive calibration expense. Interested in out come
2 years ago I rented a 2017 Outback from Hertz @Sky Harbor airport. I noticed a crack under the windshield wiper on drivers side. I notified Hertz by phone and requested a case # Good thing i did while driving on I-75 the windshield spidered and a large crack developed going left to right. Hertz was notified and 2 months later I received a bill in the mail from Hertz requesting $250.00. Upon calling Hertz and giving them the case # I subsequently received a letter stating I do not owe anything. Moral of the story check your windshield especially under the wipers
My 2012 Forester cracked the first time in below 32 degree weather with a huge sound and crack across the whole window. I replaced it twice for the same reason. Each time Subaru Long Island said something had struck the windshield but there was no evidence of that. Finally I told Safelight to increase the bedding compound and have not had any problem in the last 5 years even though I live in Montana now with much colder weather.
I have a 2014 Forrester and now have second windshield in that is cracked and also the moon roof is cracked
2016 Forrester. 3 small windshield chips and hopefully still counting. None are growing/spidering...yet. Last one, two days ago was 100% understandable - loud impact from a rock/something heavy. It will most likely cause the replacement. Though first two were not heavy impacts. After 50 years of driving I've never experienced chipping from low impacts like this auto. Interesting to say the least.

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